The
Lagos State government is contesting the acquittal and discharge of
Major Hamza Al-Mustapha, former Chief Security Officer (CSO) to the late
General Sanni Abacha and Lateef Shofolahan on allegations of conspiracy
and murder of Alhaja Kudirat Abiola on 14 grounds
Shofolahan was the personal assistant to the late Kudirat, wife of the acclaimed winner of the June 12, 1993 presidential election, Chief M.K.O Abiola.
The state filed 14 grounds of appeal at the Supreme Court against the judgment of the Court of Appeal sitting in Lagos.
The state, while announcing the filing through the Attorney-General (AG) and Commissioner of Justice, Mr Ade Ipaye, had refused to state the grounds of appeal, but copies of the notices of appeal obtained on Wednesday, revealed that the state government had filed six grounds of appeal with respect to Al-Mustapha and eight with respect to Shofolahan.
The state in its appeal argued that the Court of Appeal erred in law by discharging and acquitting the two men, when the evidence linking them to the crime was not materially challenged.
According to the state, the contradictions in the testimonies of the prosecution’s star witnesses, Barnbas Jabila (Sergent Rogers) and Abdul Mohammed (Katako), were not sufficiently subtantial to warrant the acquittal of both Al-Mustapha and Shofolahan.
It argued further that the testimonies of PW2 (Jabila) and PW3 ( Mohammed), were detailed, graphic and consistent.
Both witnesses had testified how they participated in the killing of Kudirat under the instruction given by Al-Mustapha with Shofolahan’s assistance as an informant, but later denied recanted the incriminating testimonies during trial.
Ipaye, in the appeal, stated that the contradictions were immaterial and urged the Supreme Court to affirm the death penalty.
“DW1 (Al-Mustapha) provided the logistics for killing the deceased in Lagos. PW3 (Mohammed) was assigned as driver to PW2 (Jabila) because of his knowledge of Lagos and PW3 gave graphic evidence of how he drove PW2 to the scene of the crime and how PW2 shot the deceased severally.
TRIBUNE
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